What Do I Need To Claim "Wrongful Death"?
Losing a family member due to the negligence or wrongful act of another person is a devastating experience. If this has happened to you, you should consider filing a wrongful death lawsuit that can help you get justice for your lost loved one. Here is what you will need in order to claim wrongful death –
Causes of Wrongful Death
Unfortunately, wrongful deaths are much too common. While every wrongful death case is unique, here are some examples of common causes:
- Medical malpractice
- Carbon monoxide poisoning
- Criminal assaults
- Car accidents
- Defective products
Wrongful Death Claims in Utah
Each state has different laws pertaining to wrongful death claims. In Utah, a wrongful death occurs when the “wrongful act, neglect, or default” of another person causes someone to lose their life.
Since the person who died cannot file their own claim, it is up to their loved ones to file a suit on their behalf. Utah law dictates that wrongful death claims must be filed by the deceased person’s heirs or a chosen representative of their estate. A legal guardian may also file a claim if the deceased was under guardianship at the time of their death.
Below is a list of the surviving relatives who can file a wrongful death claim in Utah:
- Adult children
- Biological parent(s)
- Adoptive parent(s)
- Stepchildren (if they are under 18)
- Any other blood relatives approved by Utah’s laws
Regardless of who files the claim, Utah law requires you to have all of the necessary paperwork turned in no later than 2 years after the death of your loved one. If your claim is against a government entity however, that time limit is shortened to one year.
If your case is successful, you may be entitled to the following damages related to the death of your loved one:
- Final expenses (funeral and burial)
- Medical expenses related to the fatal injury or illness
- Pain and suffering caused by the fatality
- Loss of support and guidance
- Punitive damages
How to File a Wrongful Death Lawsuit
The lawyers at ECKO Legal are experienced in pursuing wrongful death lawsuits and will fight for the justice you and your family deserve.
If you have lost a loved one due to medical malpractice, homicide, carbon monoxide poisoning, auto accident, or any other tragedy that could have been prevented, contact the lawyers at Eisenberg, Cutt, Kendell & Olson today.